Last updated: May 2026
1. Introduction
Ness Capital Pty Ltd (ABN 78 697 717 150, ACN 697 717 150) ("we", "us", "our") is committed to protecting the privacy of individuals whose personal information we handle. This Privacy Policy explains how we collect, hold, use, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) set out in Schedule 1 of that Act.
By contacting us, engaging our services, or using our website at nesscapitalpty.site, you consent to the practices described in this policy.
2. Types of Personal Information We Collect
We may collect the following categories of personal information:
- Identity information: full name, date of birth, and government-issued identification details where required for client onboarding or regulatory compliance.
- Contact information: email address, postal address, and business address.
- Professional information: job title, employer name, and business role where relevant to our advisory engagement.
- Financial information: details reasonably necessary for the provision of capital advisory, investment stewardship, or compliance services, including company financials, shareholding structures, and beneficial ownership details.
- Communication records: records of correspondence, meeting notes, and email communications between you and Ness Capital.
- Website usage data: IP address, browser type, pages visited, and navigation patterns on nesscapitalpty.site, collected through standard server logs and cookies.
3. How We Collect Personal Information
We collect personal information through the following means:
- Directly from you: when you email, call, or otherwise contact us; when you engage our services; or when you provide information in connection with a client relationship.
- From third parties: from professional referees, corporate registries (including ASIC), and other sources reasonably necessary to verify identity, conduct due diligence, or comply with regulatory obligations.
- Automatically: through cookies and server logs when you visit nesscapitalpty.site, as described in Section 7.
4. Purposes for Which We Use Personal Information
We use personal information for the following purposes:
- To provide, administer, and improve our capital advisory, investment stewardship, and compliance services.
- To communicate with you regarding your enquiry, engagement, or ongoing client relationship.
- To comply with our legal and regulatory obligations under Australian law, including anti-money laundering (AML) and know-your-customer (KYC) requirements.
- To assess potential conflicts of interest and manage risk within our practice.
- To maintain records as required by law and professional standards.
- To improve our website and the user experience on nesscapitalpty.site.
If we wish to use your personal information for a purpose not identified above, we will seek your consent before doing so, unless the use is required or authorised by law.
5. Disclosure of Personal Information
We may disclose personal information to:
- Professional advisers: legal counsel, auditors, and other professional advisers engaged by Ness Capital in connection with our services.
- Regulators and government agencies: where required by law, including ASIC, AUSTRAC, and other Australian regulatory bodies.
- Service providers: IT hosting, email delivery, and other technology providers who assist in operating our business, subject to contractual obligations to protect your data.
- Successors and assignees: in the event of a restructure, merger, or sale of our business or assets, your information may be transferred to the successor entity.
We do not sell, rent, or trade personal information to third parties for their marketing purposes.
6. Storage and Security
We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure. Measures include:
- Storing electronic records on secured servers with access controls limited to authorised personnel.
- Using encryption for sensitive data in transit and at rest where practicable.
- Restricting physical access to any paper-based records.
- Training staff on privacy obligations and information security practices.
While we take all reasonable steps, no method of electronic transmission or storage is completely secure. We cannot guarantee absolute security but are committed to promptly addressing any breaches in accordance with the Privacy Act 1988.
7. Cookies and Website Data
Our website (nesscapitalpty.site) may use cookies and similar technologies to collect usage data. Specifically:
- Essential cookies: required for basic website functionality and security.
- Analytics cookies: used to understand how visitors interact with the site, including pages visited and time spent. We use this information solely to improve the website experience.
You may control cookie settings through your browser preferences. Disabling cookies may affect certain features of the site. We do not use cookies for advertising or third-party tracking purposes.
8. Your Rights Under the Australian Privacy Principles
Under the APPs, you have the following rights regarding your personal information:
- Access (APP 12): you may request access to the personal information we hold about you. We will respond within 30 days and may charge a reasonable fee for administrative costs.
- Correction (APP 13): you may request correction of personal information that is inaccurate, incomplete, or out of date.
- Complaint (APP 13B): if you believe we have breached the APPs, you may lodge a complaint with us. We will investigate and respond within 30 days. If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.
- Withdrawal of consent: where we rely on your consent to collect or use personal information, you may withdraw that consent at any time by contacting us at the email address below. Withdrawal does not affect the lawfulness of prior handling.
9. Cross-Border Disclosure
Ness Capital is an Australian company operating in Western Australia. We primarily store and process personal information within Australia. In the event that personal information is disclosed to an overseas recipient, we will take reasonable steps to ensure the recipient complies with the APPs or is subject of a binding scheme that provides equivalent privacy protection, in accordance with APP 8.
10. Retention of Personal Information
We retain personal information only for as long as it is reasonably necessary for the purpose for which it was collected, or as required by law. When personal information is no longer needed, we take reasonable steps to destroy or de-identify it in a secure manner. Financial and corporate records are retained for a minimum of seven (7) years as required by Australian taxation and corporations law.
11. Changes to This Policy
We may update this Privacy Policy from time to time. Any changes will be published on this page with an updated "Last updated" date. We encourage you to review this policy periodically to stay informed about how we protect your information.
12. Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or our handling of your personal information, please contact us at:
Ness Capital Pty Ltd
ABN 78 697 717 150
ACN 697 717 150
Western Australia 6017
Email: ceo@nesscapitalpty.site
Website: nesscapitalpty.site